V V TURMARI AND SONS Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) THE complainant has filed this complaint for recovery of a sum of Rs.15,00,000 with interest and also has sought for damages of Rs.2,00,000 as compensation towards mental agony and harassment.

(2.) THE facts, in this case are as follows: the complainant is the owner of the Firm which deals in wholesale grocery business in Dharward. He used to store all types of food grains in his godown at Nehru Market, Dharwad. The stock kept in the said godown was insured with the O. P. On 25.4.2001 at about 2.30 a. m. there was a fire accident due to the short circuit which ultimately damaged the goods stored in the said godown. On the very day, after the accident, the complainant had informed the said accident to the Insurance Company. In addition to that the complainant has also informed the police and the fire brigade authorities who immediately came and made an attempt to extinguish the fire. Thereafter, the complainant has filed a claim on 4.5.2001 before the Insurance Company claiming compensation. The assured sum under the policy is Rs.15,00,000. The Insurance Company no doubt appointed a Surveyor for assessment of the loss. But there is a delay on the part of the Insurance Company in appointing a Surveyor to assess the loss. The Surveyor assessed the loss at Rs.5,22,727, the copy of which is produced as Ex. C.3. But ultimately the Insurance Company has offered a sum of Rs.3,92,045 by deducting 25% on the ground of benefit of doubt. As the complainant was not satisfied with the said offer has filed the complaint before this Commission.

(3.) THE Insurance Company, on service of notice issued by this Commission has filed its version justifying its actions.